Introduction
In today’s globalized business environment, the Chinese market, with its huge consumer base and booming economic development, has become a magnet, attracting numerous foreigners and foreign – funded enterprises. Registering a trademark in China is not only a crucial measure to protect brands and intellectual property but also a key step for enterprises to explore the Chinese market. Next, this article will comprehensively and in – depth introduce how foreigners or foreign – funded enterprises can register trademarks in China and the many benefits of registering Chinese trademarks.
Methods for Foreigners or Foreign – Funded Enterprises to Register Trademarks in China
Application Principles
Foreigners or foreign enterprises applying for trademark registration in China should follow the agreements signed between their home countries and China or the international treaties they jointly participate in. In the absence of such agreements or treaties, the principle of reciprocity shall be applied. As of now, China has joined several important international trademark treaties, such as the Convention Establishing the World Intellectual Property Organization, the Paris Convention for the Protection of Industrial Property, and the Madrid Agreement Concerning the International Registration of Marks.
For citizens and enterprises from countries that have signed trademark reciprocity agreements with China, the application for trademark registration shall naturally be carried out in accordance with the provisions of the agreements. Since China’s accession to the above three international treaties, bilateral agreements only apply to countries that have not joined these three treaties.
Application Channels
Entrust a Trademark Agency:
According to Article 18 of the Trademark Law, foreigners or foreign enterprises applying for trademark registration and handling other trademark – related matters in China must entrust a legally established trademark agency to handle them. This regulation follows international practice and is a mandatory agency – entrustment principle for foreigners and foreign enterprises in trademark registration applications. Currently, any trademark agency recognized by the state and with trademark – agency qualifications can carry out foreign – related trademark agency services.
Request Territorial Extension through the Madrid Agreement:
《The Madrid Agreement Concerning the International Registration of Marks》, abbreviated as the Madrid Agreement, is a multilateral international treaty managed by the World Intellectual Property Organization. China became a contracting party to this agreement on October 4, 1989. Nationals of contracting states can submit an international trademark registration application to the International Bureau of Intellectual Property in the 《Convention Establishing the World Intellectual Property Organization》 through the registration authority of their home country and request territorial extension to obtain the exclusive right and protection of the trademark in other contracting states. However, foreigners and foreign enterprises wishing to obtain trademark rights through territorial extension under the Madrid Agreement need to note the following: Their home country must be a member of the Special Union for the International Registration of Marks; in China, the protection obtained through international registration can only be extended to China upon the special application of the trademark owner; the categories of goods or services in the trademark registration application for territorial extension should be consistent with those of the registered international trademark; this agreement only applies to trademarks registered since the date of China’s accession to the agreement, that is, international trademarks registered after October 4, 1989, can request territorial – extension protection as stipulated.
Handle by Oneself:
Foreigners or foreign enterprises with a regular place of residence or business in China can handle trademark registration matters by themselves. For example, foreigners living in China, various foreign institutions in China, Sino – foreign joint – venture enterprises, and wholly – foreign – owned enterprises.
Application Materials
- Proof of Subject – Qualification: Legal documents that can prove the legal identity of the trademark applicant in their home country, such as identity and nationality certificates. For foreign natural persons, the identity certificate can be an ID card or a passport, and the proof of regular residence is a residence permit; for natural persons from Hong Kong and Macao, the identity certificate is a passport or an ID card, and the proof of regular residence is a permit to enter and exit the Chinese mainland valid for more than one year; for people from Taiwan, the application certificate is a permit to enter and exit the Chinese mainland valid for more than one year. At the same time, the identity – certificate number should be marked after the Chinese name of the applicant. For foreign enterprises, the enterprise registration documents in accordance with the laws of their home country for enterprise registration are required.
- Power of Attorney for Trademark Agent: One original and one copy are required. The power of attorney should clearly state the agency content, authority, and the nationality of the principal, and notarization and certification procedures should be completed. The notarization and certification of relevant certificates shall be carried out in accordance with the principle of reciprocity.
- Trademark Registration Application Form: One original and one copy are required. One trademark registration application form is only applicable to one trademark in one category, and the application form should be filled out in Chinese. According to the requirements of the application form, the applicant’s name and address should be indicated in both Chinese and foreign languages (both Chinese and English must be used. For applicants whose native language is not English, in addition to using Chinese and English, their native language can also be used). The name of the goods (if it is in a foreign language or transliteration, it should be translated into Chinese and accompanied by a description explaining its meaning) and other information should also be provided.
- Trademark Samples: The size of the samples should be no larger than 1010 cm and no smaller than 55 cm. For trademarks without a specified color, 5 black – and – white ink samples are required (one black – and – white ink sample should be pasted in the sample frame of the trademark registration application form, and the other 4 black – and – white ink samples should be attached separately); for trademarks with a specified color, 5 colored samples of the specified color and 1 black – and – white ink sample are required (one colored sample should be pasted in the sample frame of the trademark registration application form, and the other 4 colored samples and 1 black – and – white ink sample should be attached separately).
- Other Supporting Documents: Copies of the trademark registration certificate in the home country, reciprocity – agreement documents, product lists, etc. should be attached. The relevant attached documents should also go through notarization and certification procedures in accordance with the principle of reciprocity. If the home country of the trademark applicant does not require Chinese applicants to go through certification and notarization procedures when applying for trademark registration in that country, China may also not require such procedures for the applicant, and vice versa. If the various certificates, supporting documents, and evidence materials submitted in accordance with the Trademark Law and relevant regulations are in a foreign language, a Chinese translation should be attached. If not attached, it shall be deemed that the certificate, supporting document, or evidence material has not been submitted.
Application Process
- Trademark Search: Before applying for a trademark, foreigners should first conduct a trademark search to ensure that the applied – for trademark has not been registered by others. This can be done through the official website of the China Trademark Office or by entrusting a professional trademark agency.
- Prepare Application Materials: Carefully prepare the relevant application materials according to the above requirements.
- Submit the Application: Submit the prepared application materials to the Trademark Office or through a trademark agency. After receiving the application, the Trademark Office will conduct a formal review. The formal review mainly checks the completeness and standardization of the application materials.
- Substantive Review: If the formal review is passed, the Trademark Office will conduct a substantive review of the trademark application, including a comprehensive review of the distinctiveness of the trademark and whether it conflicts with other trademarks.
- Announcement and Opposition Period: If the trademark application passes the substantive review, the Trademark Office will announce the trademark, and the announcement period is three months. During the announcement period, anyone can file an opposition.
- Issuance of the Registration Certificate: If there is no opposition or the opposition is not accepted, the trademark will be officially registered, and a registration certificate will be issued.
Benefits of Registering a Trademark in China
Obtain Exclusive Trademark Rights and Be Protected by Law
Trademark registrants have exclusive trademark rights and are strictly protected by law, which can effectively prevent others from infringing on their trademark rights. Once trademark infringement is discovered, the registrant can safeguard their legitimate rights and interests through legal means, requiring the infringer to stop the infringement and compensate for the corresponding losses.
Facilitate Consumers to Recognize Brands and Improve Brand Awareness and Trust
Registered trademarks help consumers recognize brands when shopping, which can significantly improve brand awareness and trust. When purchasing goods or services, consumers tend to choose brands with registered trademarks because they believe such brands are more reliable and secure.
Establish a Brand and Occupy the Market First
Through trademark registration, enterprises can establish their own brands and occupy the market first, thereby enhancing the enterprise’s competitiveness and market share. A trademark with a unique logo can help an enterprise stand out in the fierce market competition, attract consumers’ attention, and bring more business opportunities to the enterprise.
Increase Enterprise Value
As an intangible asset, a trademark can effectively increase the value of an enterprise and bring long – term economic benefits. The value of a trademark can be determined through professional evaluation, and its value can be realized through transfer, licensing to others for use, or mortgage, creating additional income for the enterprise.
A Prerequisite for Quality Inspection, Hygiene Inspection, and Barcode Application
A trademark is also a prerequisite for handling quality inspection, hygiene inspection, barcode application, etc., which is beneficial for the sales and circulation of enterprise products. On some e – commerce platforms or large – scale shopping malls, merchants are usually required to provide a trademark registration certificate to enter.
Enjoy Relevant National Preferential Policies
The government attaches great importance to and encourages export enterprises to create their own brands overseas. Export enterprises that have obtained trademark registration certificates abroad can apply for special funds subsidies from relevant departments.
Conclusion
For foreigners and foreign – funded enterprises, registering a trademark in China is an important measure to protect brands and intellectual property. By thoroughly understanding the methods and benefits of trademark registration in China, foreigners and foreign – funded enterprises can better plan their business development in China, enhance brand competitiveness, and achieve business goals. At the same time, the Chinese government is constantly optimizing trademark – registration policies and procedures to provide more convenient and efficient services for foreigners and foreign – funded enterprises. It is hoped that this article can provide useful references for foreigners and foreign – funded enterprises to register trademarks in China.